Senate Bill S6621

2011-2012 Legislative Session

Relates to eligibility requirements and conditions governing general awards, academic performance awards and student loans; repealer

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2012	referred to rules

2011-S6621 (ACTIVE) - Details

See Assembly Version of this Bill:: A9344
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Rpld §661 sub 3, amd §§661, 335, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L

2011-S6621 (ACTIVE) - Summary

Relates to eligibility requirements and conditions governing general awards, academic performance awards and student loans; relates to eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; also relates to financial aid opportunities for students of SUNY, CUNY and community colleges.

2011-S6621 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6621

TITLE OF BILL:

An act
to amend the education law, in relation to the eligibility requirements
and conditions governing general awards, academic performance awards and
student loans; eligibility requirements for assistance under the higher
education opportunity programs and the collegiate science and technology
entry program; financial aid opportunities for students of the state
university of New York, the city university of New York and community
colleges; and the program requirements for the New York state college
choice tuition savings program; and to repeal subdivision 3 of section
661 of such law relating thereto

PURPOSE OF THE BILL:

The bill would eliminate potential financial obstacles to obtaining
State financial aid and extend the opportunities for certain
immigrant students to attend higher education institutions in this
State; providing a benefit consistent with U.S. citizens and
nationals. The bill would also eliminate barriers for immigrant
aliens to save for their families higher education expenses by
allowing such individuals to open a New York State 529 family tuition
account under the New York State College Tuition Savings Program
and/or be a designated beneficiary on an account if they have a

taxpayer identification number.

SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 entitles the bill the "Education Equity for DREAMers act".

Section 2 of the bill repeals Education Law §66l(3) to eliminate the
requirement that an applicant for a general award or academic
performance award be either a citizen of the United States, or an
alien lawfully admitted for permanent residence in the United States,
or an individual of a class of refugees paroled by the attorney
general of the United States under his parole authority pertaining to
the admission of aliens to the United States.

Section 3 of the bill would amend Education Law §661(5)(a) to allow
certain applicants for undergraduate awards who are not legal
residents of the state to be eligible for awards if they meet certain
qualifications. The student must have either: (1) attended a
registered New York high school for 2 or more years, graduated from a
registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an:
award is sought within 5 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the

institution of higher education for the undergraduate study for which
an award is sought within 5 years of receiving a state high school
equivalency diploma; or (3) must otherwise be eligible for the
payment of tuition and fees at a rate no greater than that imposed
for resident students of the State University of New York ("SUNY"),
the City University of New York ("CUNY") or community colleges as
prescribed in Education Law §§355(2)(h)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with
the higher education institution that he or she has filed an
application to legalize his or her immigration status, or will file
such an application as soon as he or she is eligible to do so.

Section 4 of the bill would amend Education Law §661(5)(b) to make a
similar change for applicants seeking an award at the graduate level
of study, except for graduate study, the nonresident student must
have either: (1) attended a registered New York high school for 2 or
more years, graduated from a registered New York high school and
applied for attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a diploma and applied for
attendance at the institution of higher education for the
undergraduate study for which an award is sought within 10 years of
receiving a state high school equivalency diploma; or (3) must be
otherwise eligible for the payment of tuition and fees at a rate no
greater than that imposed for resident students of the SUNY, the CUNY
or community colleges as prescribed in Education Law §§355(2)(h)(8)
or 6206(7)(a).

Section 5 of the bill would amend Education Law §661(5)(d) to clarify
that if an applicant for tuition assistance does not have a New York
State residence, the applicant shall be deemed to reside in the
geographic area of the institution of higher education in which he or
she attends for purposes of an award allocated on a geographic basis.

Section 6 of the bill would amend Education Law §661(5)(e) to clarify
that the new requirements in paragraphs (a) and (b) of this
subdivision are waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on a full-time
active duty and stationed in this state.

Section 7 of the bill would add a new Education Law §355(2)(h)(10) to
allow certain SUNY students who are not legal residents of the state
to have the payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance
awarded under Articles 13, 13-a, 14, 14-a, provided that the student
meets the requirements in Education Law §§661(5)(a)(ii) or (b)(ii).

Section 8 of the bill adds a new Education Law §6206(7)(d) to make a
conforming change for CUNY.

Section 9 of the bill adds a new Education Law §6305(8-a) to make a
conforming change for community colleges.

Sections 10 and 11 of the bill amend Education Law §§6451(3)(d) and
6452(4)(a)(v) to allow students without lawful immigration status who
participate in the higher education programs to receive supplemental
financial assistance provided that the student meets the requirements
in Education Law §§661(5)(a)(ii) or (b)(ii).

Section 12 of the bill adds Education Law §6455(2)(a) to allow an
applicant for the college science and technology entry program who is
not a legal resident of the state to be eligible for an award at the
undergraduate level of study provided that the student either: (1)
attended a registered New York high school for 2 or more years,
graduated from a registered
New York high school and applied for attendance at the institution of
higher education for the undergraduate study for which an award is
sought within 5 years of receiving a high school; (2) attended an
approved program for a state high school equivalency diploma,
received a diploma and applied for attendance at the institution of
higher education for the undergraduate study for which an award is
sought within 5 years of receiving a state high school equivalency
diploma; or (3) is otherwise eligible for the payment of tuition and
fees at a rate no greater than that imposed for resident students
SUNY, CUNY or community colleges as prescribed in Education Law
§§355(2)(h)(8) or 6206(7)(a). Further, students who do not have
lawful immigration status will also be required to file an affidavit
with the higher education institution that he or she has filed an
application to legalize his or her immigration status, or will file
such an application as soon as he or she is eligible to do so.

Section 13 of the bill amends Education Law §6455(3)(a) to make a
conforming change for non-resident applicants at the undergraduate
level of study, except such applicants must have either: (1) attended
a registered New York high school for 2 or more years, graduated from
a registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 years of receiving a high school; (2)
attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 10 years of receiving a state high school
equivalency diploma; or (3) is otherwise eligible for the payment of
tuition and fees at a rate no greater than that imposed for resident
students of the SUNY, the CUNY or community colleges as prescribed in
Education Law §355(2)(h)(8) or §6206(7)(a).

Sections 14 and 15 of the bill amends Education Law §§695-e(2)(a)(i)
and (a)(iii) to allow individuals with a taxpayer identification
number (ITIN) to open a family tuition account and/or be a designated
beneficiary under the New York State College Tuition Savings Program,
unless the account was in effect prior to the effective date of this

chapter does not allow for an ITIN, in which case an ITIN shall be
allowed upon expiration of the contract.

Section 16 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

Based on data from the National Immigration Law Center, an estimated
65,000 students who are children of undocumented immigrants graduate
from U.S. high schools each year. We estimate that 7% of that total,
or 4,550, graduate from New York high schools or receive state
equivalency diplomas each year. Approximately 2,000 such students who
grew up in New York attend the City University of New York, mainly
because they can attend public colleges at instate tuition rates.

New York's enlightened policy enables hundreds of thousands of
undocumented students to receive education through the state's public
school system; our state recognizes the value of an investment in
career and college readiness for these students. It makes economic
sense to help these young students become fully participant in New
York's economy. Yet their futures are undeniably circumscribed by
current immigration law and State law relating to State financial
aid for postsecondary education. These young people generally derive
their immigration status from their parents. If their parents are
undocumented, most have no mechanism to obtain legal residency, even
if they have lived most of their lives in the U.S.

Current State law prohibits undocumented immigrant students from
receiving State financial aid (ie., general awards and academic
performance awards). Denying them aid means denying them access to
higher education. The bill eliminates this barrier and amends
Education Law §651 to allow eligible undocumented aliens to receive
such awards by making graduates of New York high schools or programs
leading to a State high school equivalency diploma and persons
otherwise eligible for in-state tuition in SUNY or CUNY institutions
eligible to receive such awards regardless of their residence or
immigration status. Thus, the bill also allows nonresidents of the
State to be eligible for these awards if they meet the specified
qualifications. The bill also seeks to ensure compliance with
immigration laws, by requiring immigrant students to demonstrate that
they have taken appropriate steps to legalize their immigration status.

Our society and our economic growth depend on a vibrant, well-educated
workforce, but right now, hundreds of thousands of New Yorkers are
denied the opportunity to the education they need to fully
participate in our economy. Without access to higher education, these
students are far t00 often forced into the shadows of poverty and
desperate existence.

This bill addresses the compelling need to maintain educational
opportunities at the CUNY and SUNY, community colleges and
State-aided four year colleges for certain immigrant students in New

York State. To accomplish this, the bill provides that SUNY and CUNY,
community colleges and State-aided four-year programs allow
non-resident students to have the payment of tuition and other fees
and charges reduced by State-aided programs, scholarships or other
financial assistance awarded if the student meets the criteria that
would qualify him or her to receive TAP or other general awards under
Education Law §651.

The bill also allows undocumented non-resident aliens to receive
supplemental financial assistance as part of the higher education
opportunity programs and the collegiate technology entry programs if
they meet the criteria that would qualify them to receive TAP or
other general awards under Education Law §651.

Finally, the bill recognizes the importance of attracting hard-working
undocumented aliens to public-and private colleges and universities
within the State by enabling such students to benefit from the tax
incentive provided for qualified state tuition programs under the
Internal Revenue Code of 1986. The bill allows undocumented aliens
with a taxpayer identification number to open a family tuition
account and/or to be a designated beneficiary of such account, except
in limited exceptions.

This bill would extend New York State's legacy of providing a
high-quality, affordable higher education to hard-working immigrants
and would reinforce our State's commitment to being a beacon of
freedom and opportunity for immigrants.

BUDGETARY IMPLICATIONS OF THE BILL:

The State Education Department does not have the data needed to
precisely estimate the annual cost to the State of extending
eligibility for State financial aid for postsecondary students to New
York high school graduates who are non-residents or undocumented
immigrants, as proposed in this bill. The total number of New York
high school graduates who are nonresidents of the State is not known,
nor is the number of undocumented immigrant students who would elect
to apply for TAP or other postsecondary awards each year, or which
programs they might opt to apply for. Assuming that of the 4,550
undocumented immigrant students graduating from New York high schools
or state high school equivalency programs each year, 5% will choose
to attend New York colleges, we estimate that the bill would make 227
additional undocumented immigrant students eligible for TAP each
year. Because TAP is a need based program and undocumented immigrant
students are representative of students most in need, an estimated
average award would be approximately $4,000.00. That translates into
approximately $908,000.00 in additional TAP awards each year. The
actual cost will vary from this amount, as some eligible students
will not complete their college programs and
some will attend on a part-time basis and generate less cost.
Moreover, the cost to the State from such increased State
postsecondary financial aid will in the long run be offset, at least

in part, from the increased State income tax revenues generated by
affording this population the opportunity to complete college and
obtain higher paying jobs and the savings to the State from
reductions in public assistance and other supports that might
otherwise result if this population remains in poverty.

PRIOR LEGISLATIVE HISTORY:

This is a new legislative proposal.

EFFECTIVE DATE:

This act would take effect July 1, 2012. To ensure that applicants are
able to apply for financial assistance prior to the 2012-2013 academic
year, the effective date will provide higher education and banking
institutions with time to develop applications and provide candidates
with notice of the new eligibility requirements for financial
assistance and family tuition accounts.

2011-S6621 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6621

                            I N  S E N A T E

                              March 5, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Rules

AN  ACT  to  amend  the  education  law,  in relation to the eligibility
  requirements  and  conditions  governing  general   awards,   academic
  performance  awards  and  student  loans; eligibility requirements for
  assistance under the higher education  opportunity  programs  and  the
  collegiate  science and technology entry program; financial aid oppor-
  tunities for students of the state university of New  York,  the  city
  university  of  New  York  and  community  colleges;  and  the program
  requirements for the New York state  college  choice  tuition  savings
  program; and to repeal subdivision 3 of section 661 of such law relat-
  ing thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "education equity for DREAMers act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED.
  S 3. Paragraph a of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  a. (I) Except as provided in subdivision two of  section  six  hundred
seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study  must  either
[(i)]  (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term  of
attendance  for  which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal  resident  during
his  last  two  semesters  of high school either prior to graduation, or
prior to admission to college. Provided further that  persons  shall  be
eligible  to  receive  awards  under  section six hundred sixty-eight or
section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
residents of the state and are otherwise qualified.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13795-01-2

S. 6621                             2

  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 4. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application  for  assistance  is  made,  or
[(ii)]  (B) be a legal resident of the state and have been a legal resi-
dent during his last academic  year  of  undergraduate  study  and  have
continued  to  be  a  legal resident until matriculation in the graduate
program.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY

S. 6621                             3

COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 5. Paragraph d of subdivision 5 of section 661 of the education law,
as amended by chapter 844 of the laws of 1975, is  amended  to  read  as
follows:
  d.  If  an  applicant for an award allocated on a geographic basis has
more than one residence in this state, his  OR  HER  residence  for  the
purpose  of  this  article shall be his OR HER place of actual residence
during the major part of the year while attending school, as  determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION  OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 6. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
follows:
  e.  Notwithstanding any other provision of this article to the contra-
ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION  ARE  waived  for  a member, or the spouse or dependent of a
member, of the armed forces of the United  States  on  full-time  active
duty and stationed in this state.
  S  7. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S 8. Subdivision 7 of section 6206 of the education law is amended  by
adding a new paragraph (d) to read as follows:
  (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S 9. Section 6305 of the education law is  amended  by  adding  a  new
subdivision 8-a to read as follows:

S. 6621                             4

  8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
GRATION  STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S 10. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be  furnished
pursuant  to  criteria promulgated by the commissioner with the approval
of the director of the budget.
  S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws  of  1970,  is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
that  such supplemental financial assistance shall be furnished pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
  S 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Undergraduate science and technology entry program moneys  may
be  used  for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance,  program  administration,  and  other
activities  which  the commissioner may deem appropriate. To be eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support,  a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
economically  disadvantaged  or from a minority group historically under
represented in the  scientific,  technical,  health  and  health-related
professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level  program  of  study,  as  defined  by  the
regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
NON-IMMIGRANT  ALIEN  OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:

S. 6621                             5

  (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE  HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 13. Paragraph (a) of subdivision 3 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Graduate science and technology entry program  moneys  may  be
used for recruitment, academic enrichment, career planning, supplemental
financial  assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may  deem  appro-
priate.  To  be  eligible for graduate collegiate science and technology
entry program support, a student must be a resident  of  New  York  [who
is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group
historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT  ALIEN  OR  AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR

S. 6621                             6

  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S  14.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (i)  the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  TWELVE
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION  NUMBER,  IN  WHICH  CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S 15. Subparagraph (iii) of paragraph a of subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWELVE THAT AMENDED THIS SUBPARAGRAPH  DOES  NOT  ALLOW  FOR  A
TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 16. This act shall take effect July 1, 2012.

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Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2011-S6621 (ACTIVE) - Details

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